Legal challenges to Trump's birthright citizenship executive order
The U.S. Supreme Court is scheduled to hear oral arguments on April 1, 2026, in the case of Trump v. Barbara, concerning former President Trump's executive order from January 20, 2025, which sought to limit birthright citizenship by altering the interpretation of the 14th Amendment. As of March 11, 2026, a Senate hearing was held to examine the 14th Amendment's interpretation regarding birthright citizenship for children of undocumented immigrants or tourists. The Justice Department is urging the Supreme Court to incorporate "domicile" into the 14th Amendment's interpretation, while a coalition of 24 attorneys general, including Maryland AG Anthony G. Brown, and 216 House and Senate Democrats, along with civil rights groups like the NAACP and the U.S. Conference of Catholic Bishops, have filed briefs opposing the order and defending birthright citizenship. President Trump has criticized the Supreme Court over the pending case, which legal experts argue is unconstitutional and contradicts established precedent.
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2026
21 updatesA Senate hearing was held in March 2026 to examine the interpretation of the 14th Amendment regarding birthright citizenship for children of undocumented immigrants or tourists. This discussion is linked to former President Trump's executive order that sought to limit birthright citizenship. The Supreme Court is scheduled to hear oral arguments on April 1, 2026, regarding this executive order.
The Justice Department is urging the Supreme Court to incorporate the concept of "domicile" into the interpretation of the 14th Amendment in the ongoing challenge to President Trump's birthright citizenship executive order. This legal strategy seeks to alter how parental immigration status affects a child's citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1, 2026.
via SCOTUSblog·aclu.org
The NAACP and other civil rights groups have urged the Supreme Court to strike down President Trump's executive order on birthright citizenship, arguing it distorts the 14th Amendment. The U.S. Conference of Catholic Bishops (USCCB) also filed a Supreme Court brief opposing the order, calling it 'immoral' and an affront to Catholic teaching.
The U.S. bishops and a Catholic immigration advocacy group have supported a lawsuit challenging President Donald Trump's executive order that limits birthright citizenship. Oral arguments in the case, Trump v. Barbara, are scheduled for April 1. The executive order, signed on January 20, 2025, sought to alter the legal interpretation of the 14th Amendment's Citizenship Clause.
via naacp.org
Maryland Attorney General Anthony G. Brown joined a coalition of 24 attorneys general in defending birthright citizenship at the Supreme Court in the case Barbara v. Trump. Additionally, two historians have filed an amicus brief in support of the challenge to President Trump's executive order.
via Maryland Office of the Attorney General·Brennan Center for Justice
Arizona Attorney General Mayes defended birthright citizenship on February 26, 2026, as the Supreme Court reviews the constitutionality of President Trump's executive order. The order, issued January 20, 2025, restricts citizenship to children with at least one U.S. citizen or lawfully admitted permanent resident parent, and immigrant rights groups assert it violates the 14th Amendment.
via Arizona Attorney General's Office·Constitutional Accountability Center
New York Attorney General Letitia James, leading a coalition of 23 other attorneys general and San Francisco, urged the U.S. Supreme Court to uphold birthright citizenship by filing an amicus brief. Massachusetts Attorney General Andrea Joy Campbell also co-led a coalition of 24 attorneys general and San Francisco in a similar brief. Additionally, U.S. Senators Ron Wyden and Jeff Merkley, with 27 colleagues, signed an amicus brief to protect birthright citizenship.
via New York State Attorney General·Massachusetts Government·Oregon.gov
On February 24, 2026, 216 House and Senate Democrats filed an amicus brief with the Supreme Court in support of birthright citizenship in the case Trump v. Barbara. The lawmakers argue that President Trump's executive order to end birthright citizenship violates the Constitution, Supreme Court rulings, and laws passed by Congress. Oral arguments in the case are scheduled for April 1, 2026.
President Donald Trump has criticized the Supreme Court over the pending case challenging his executive order on birthright citizenship. Legal experts argue the order, which seeks to end birthright citizenship for children born in the U.S. to non-citizen parents, is unconstitutional and contradicts established precedent. The Supreme Court has scheduled oral arguments for April 1, 2026.
The Pasadena City Council has voted to join as an amicus curiae in the legal challenge to President Trump's executive order on birthright citizenship, supporting the plaintiffs. This action adds a new municipal entity to the ongoing legal efforts against Executive Order 14160. The case, Barbara v. Trump, is scheduled for oral arguments before the Supreme Court on April 1, 2026.
President Donald Trump expressed concerns on February 23, 2026, that the Supreme Court will rule against his executive order on birthright citizenship, drawing parallels to a recent Supreme Court decision that found his tariffs illegal. The order, issued on January 20, 2025, aims to end birthright citizenship for children born in the U.S. to non-citizen parents.
Legal organizations representing children affected by President Trump's executive order restricting birthright citizenship filed their Supreme Court merits brief on February 19, 2026. The lawsuit argues that the executive order violates the Constitution, Supreme Court precedent, and federal law. Oral arguments are scheduled for April 1, 2026.
The Justice Department has filed a brief with the Supreme Court defending President Trump's executive order on birthright citizenship, urging the court to uphold it.
The Supreme Court has scheduled oral arguments for April 1 in the case of Trump v. Barbara, which challenges President Trump's executive order seeking to end birthright citizenship.
via scotusblog.com
Congresswoman Claudia Tenney led an amicus curiae brief filed with the Supreme Court in the Trump v. Barbara case, arguing the Fourteenth Amendment was intended for newly freed slaves and not to incentivize illegal immigration.
via tenney.house.gov
U.S. Representative Chip Roy and Senator Eric Schmitt filed an amicus brief with the Supreme Court, supporting President Trump's executive order on birthright citizenship.
via roy.house.gov
Alabama Attorney General Steve Marshall announced that Alabama, along with a coalition of 26 states and territories, has filed an amicus brief with the U.S. Supreme Court supporting President Trump's executive order on birthright citizenship. This brief backs the order aiming to prohibit “birthright” citizenship.
via alabamaag.gov
A coalition of 18 state attorneys general, led by Michigan AG Dana Nessel, filed a lawsuit on January 21, 2025, challenging President Trump's executive order to limit birthright citizenship.
via wzzm13.com
A Supreme Court update notes the central question in Trump v. Barbara is whether the president's executive order contravenes the 14th Amendment's citizenship clause, with the solicitor general arguing for citizenship.
via scotusblog.com
The ACLU announced that its National Legal Director, Cecillia Wang, will argue the case before the Supreme Court in Spring 2026, asserting that the administration's attempt to end birthright citizenship violates the 14th Amendment.
via en.wikipedia.org·aclu-nh.org·independentwomen.com·supremecourt.gov·en.wikipedia.org
Briefs for the petitioners (Donald J. Trump, President of the United States, et al.) were submitted to the Supreme Court.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
2025
10 updates
2025
10 updatesACLU Legal Director Cecillia Wang is set to present arguments at the Supreme Court in the *Trump v. Barbara* birthright citizenship case.
via aclu.org
A federal appeals court upheld a district court's injunction blocking President Trump's executive order that sought to narrow birthright citizenship. The First Circuit Court of Appeals ruled in favor of plaintiff states against the Trump administration on October 3, 2025. The Supreme Court has granted certiorari to hear the case, Trump v. Barbara, which challenges the executive order's compliance with the 14th Amendment.
A federal appeals court in Massachusetts upheld a block on President Trump's executive order seeking to strip babies born in the United States of their U.S. citizenship in the case of New Hampshire Indonesian Community Support v. Donald J. Trump.
via aclu.org
The Trump administration filed a petition for a writ of certiorari before judgment, asking the Supreme Court to take up the *Barbara v. Trump* case.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
Judge Joseph Laplante of the U.S. District Court for the District of New Hampshire issued a preliminary injunction, indefinitely blocking the enforcement of Executive Order 14160 against the certified class of individuals who would be impacted by the policy.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
The class-action lawsuit *Barbara v. Trump* was filed in the U.S. District Court for the District of New Hampshire, challenging Executive Order 14160. The lead plaintiff, "Barbara," is a Honduran citizen.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
The Supreme Court ruled in *Trump v. CASA, Inc.* that federal district courts generally cannot issue nationwide (universal) injunctions. This decision influenced the strategy for challenging the birthright citizenship executive order.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
Twenty-two states and immigrants' rights advocates have filed lawsuits challenging President Trump's executive order on birthright citizenship. On January 23, 2025, a federal judge issued a nationwide temporary restraining order blocking the order, stating the lawsuit is likely to prevail. The order, issued January 20, 2025, sought to deny U.S. citizenship to certain babies born in the United States to non-citizen parents.
Hours after the executive order was issued, the ACLU and other immigrant rights advocates filed a lawsuit challenging the order, arguing it violates the 14th Amendment.
via en.wikipedia.org·aclu-nh.org·independentwomen.com·supremecourt.gov·en.wikipedia.org
President Donald Trump signed Executive Order 14160, "Protecting the Meaning and Value of American Citizenship," aiming to deny birthright citizenship to children born in the U.S. whose mothers were unlawfully present or had temporary lawful status, and whose fathers were not U.S. citizens or lawful permanent residents. The order was set to apply to infants born on or after February 19, 2025.
via ogletree.com·scotusblog.com·en.wikipedia.org·ogletree.com·whitehouse.gov
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